John S. Fairbanks v. United States

BASTIAN, Circuit Judge.

Appellant (defendant) was indicted for the crime of rape on one Bowles, and convicted of the crime of assault with intent to commit rape. His defense was consent on the part of the prosecutrix. The principal ground urged for reversal is based on objections to the admission of certain evidence concerning defendant’s actions prior to the offense charged in the indictment. This evidence was introduced as part of the Government’s case in chief.

The witness Krawczel testified that on the morning of the alleged rape some one who identified himself as Fairbanks rapped at her…